STATE OF NEW YORK v. SHAW CONTRACT FLOORING SERVICES, INC.


49 A.D.3d 1078 (2008)

853 N.Y.S.2d 694

STATE OF NEW YORK, Respondent, v. SHAW CONTRACT FLOORING SERVICES, INC., Defendant, and ROCHESTER LINOLEUM AND CARPET CENTER, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 20, 2008.


Carpinello, J.

During the course of a renovation project at the State University of New York at Alfred, asbestos was released into a dormitory as the result of abrasion of tiles during flooring work. It is undisputed that this work was performed by a subcontractor of defendant Rochester Linoleum and Carpet Center, Inc. After remediation, plaintiff commenced this action alleging, as relevant on appeal, negligence and public nuisance against Rochester. Rochester's unsuccessful...

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